West Bengal Post-Poll Violence : Calcutta High Court Directs Second Autopsy Of Slain BJP Member's Body; Asks Police To Register FIRs On NHRC Recommendations

A 5-Judge Bench of ACJ Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar has directed the local Police authorities to register cases based on the recommendations made by a Committee of the National Human Rights Commission (NHRC). The Bench has also issued show-cause notice to South Kolkata Deputy Commissioner of Police for failing to give protection to the NHRC team.

The NHRC report was placed on record on June 30. However, NHRC counsel Subir Sanyal had informed the Bench that it is only a part report and requested for more time so that the Committee can visit all affected places and submit a comprehensive report.

The Report was filed in a sealed envelope and the Court has refused to disclose the contents thereof, or to share a copy of the same with the State counsel. It however clarified that the State will be granted an opportunity to make its submissions, after filing of the Final Report of the Committee on July 13.

That apart, the High Court has ordered second autopsy of deceased BJP member Avijit Sarkar who was allegedly killed by TMC members during alleged post-poll violence.

Advocate General Kishore Datta informed the Bench that the Supreme Court has taken cognizance of Abhijit Sarkar's alleged killing. However, the Bench clarified that it is not passing any directions in the case and has merely ordered a second autopsy.

The matter is now fixed for hearing on July 13.

Earlier, the High Court had constituted a committee comprising of members nominated by NHRC, SHRC & SLSA to coordinate rehabilitation of displaced persons of Entally constituency.

It had also directed the State Legal Services Authority to look into complaints of displaced persons who are being prevented from returning to their homes and take necessary steps for their rehabilitation.

On a perusal of the Authority's report, the Bench recorded that the facts reflected therein are quite different from what the State has been claiming. Under these circumstances and keeping in view that the instances sought to be projected by the Petitioners allege violation of human rights, it directed the NHRC Chairman to constitute a committee to examine the complaints.

Subsequently, NHRC Chairman (Retd.) Justice Arun Mishra constituted a 7-member Committee to probe the allegations.

The Committee was directed to examine all the cases by visiting the affected areas and to submit a comprehensive report to the Court about the present situation and also the steps to be taken to ensure confidence of the people that they can peacefully live in their houses and also carry on their occupation or business to earn their livelihood.

Case Title: Susmita Saha Dutta v. Union of India & Ors. (and other connected matters)

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